United States v. Dunnigan, 507 U.S. 87, 10 (1993)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

96

UNITED STATES v. DUNNIGAN

Opinion of the Court

have been mistaken, there is ample support for the District Court's finding.

B

We turn next to the contention that an enhanced sentence for the willful presentation of false testimony undermines the right to testify. The right to testify on one's own behalf in a criminal proceeding is made explicit by federal statute, 18 U. S. C. § 3481, and, we have said, it is also a right implicit in the Constitution, see Rock v. Arkansas, 483 U. S. 44, 51-53 (1987); Nix v. Whiteside, 475 U. S. 157, 164 (1986).

Respondent cannot contend that increasing her sentence because of her perjury interferes with her right to testify, for we have held on a number of occasions that a defendant's right to testify does not include a right to commit perjury. Id., at 173; United States v. Havens, 446 U. S. 620, 626 (1980); Grayson, 438 U. S., at 54. Nor can respondent contend § 3C1.1 is unconstitutional on the simple basis that it distorts her decision whether to testify or remain silent. Our authorities do not impose a categorical ban on every governmental action affecting the strategic decisions of an accused, including decisions whether or not to exercise constitutional rights. See Bordenkircher v. Hayes, 434 U. S. 357, 365 (1978); McGautha v. California, 402 U. S. 183, 216-217 (1971); United States v. Knox, 396 U. S. 77, 82-83 (1969).

No doubt to avoid these difficulties, respondent's argument comes to us in a different form. It is that § 3C1.1 carries a risk that a district court will order enhancement even when a defendant's testimony is truthful, either because the court acts without regard to the truth or makes an erroneous finding of falsity. That § 3C1.1 creates such a risk, respondent claims, makes the enhancement unconstitutional. This argument does not survive scrutiny.

The concern that courts will enhance sentences as a matter of course whenever the accused takes the stand and is found guilty is dispelled by our earlier explanation that if an accused challenges a sentence increase based on perjured testi-

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: October 4, 2007